Libi R Rep Through The Pa Holder vs Remya P
2023 Latest Caselaw 9596 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                      OP(CRL.) NO. 615 OF 2023
  AGAINST THE ORDER/JUDGMENT MC 116/2023 OF FAMILY COURT,
                              MAVELIKKARA
PETITIONER/S:

          LIBI R REP THROUGH THE PA HOLDER
          AGED 43 YEARS
          R.P. NILAYAM, MANKAMKUZHY P.O.,VETTIYAR VILLAGE,
          MAVELIKARA TALUK, PIN.690558, REP. THROUGH THE
          P.A. HOLDER PONNAMMA K., AGED 65 YEARS, W/O LATE
          RAVEENDRAN, R.P. NILAYAM, MANKAMKUZHY
          P.O.,VETTIYAR VILLAGE, MAVELIKARA TALUK,
          ALAPPUZHA DISTRICT,, PIN - 690558
          BY ADVS.
          S.K.SAJI
          MAYAMOL T.S.
          G.R.MANJU


RESPONDENT/S:

    1     REMYA P
          AGED 36 YEARS
          D/O PONNAMMA, REMYA BHAVANAM, CHUNAKKARA EAST
          MURI, CHUNAKKARA VILLAGE, PIN - 690534
    2     ABHIJITH
          AGED 14 YEARS (MINOR) S/O REMYA P, REP BY THE
          MOTHER REMYA P., REMYA BHAVANAM, CHUNAKKARA EAST
          MURI, CHUNAKKARA VILLAGE, PIN - 690534
     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.09.2023,     THE   COURT   ON   THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                          -2-
O.P.(Crl.) No. 615 of 2023



                                 P.V.KUNHIKRISHNAN, J.
                                ======================================================

                                   O.P.(Crl.) No. 615 of 2023
                             =============================================================

                     Dated this the 8th day of September, 2023

                                              JUDGMENT

This original petition is filed with following prayers:

"I. To call for the records leading to Exhibit P6 and set aside it.

II. Grant such other reliefs which the Hon'ble Court may deem fit in the facts and circumstances of the case." (sic)

2. The original petition is filed challenging Ext.P6 order, by

which the Family Court directed to pay interim maintenance to the 1 st

and 2nd respondents at the rate of Rs.7,500/- and Rs.5,000/-. This

Court admitted the above original petition and passed the following

order on 09.08.2023.

"Heard. Issue notice before admission to the respondents by Registered Post as well as serve a copy of this petition to the learned counsel appearing for the respondents before the trial court.

2. It is submitted by the learned counsel appearing for the petitioner that Ext.P6 order granting interim maintenance at the rate of Rs.7,500/- and Rs.5,000/- was passed without providing an opportunity for the petitioner to file objection.

O.P.(Crl.) No. 615 of 2023

Therefore, the order impugned shall stand stayed, on condition that the petitioner shall deposit an amount of Rs.4,000/- each as maintenance from the date of the petition and clear the arrears within a period of two weeks and continue to pay the amount till the disposal of the original petition by this court.

3. It is specifically ordered that, if the petitioner fails to pay the amount as directed within time and to pay the monthly allowance thereafter, there shall be no stay in executing the order impugned and the Family Court is at liberty to execute the order treating that there is no stay in operation to execute the order.

Post on 08.09.2023."

3. Even though notice was served, there is no appearance for

the respondents.

4. Today, when the matter came up for consideration, the

counsel for the petitioner submitted that the directions in the above

order are complied with. If that be so, there can be a direction to the

Family Court to dispose of the main case itself and till then the interim

order can continue. But I make it clear that the Family Court is free to

pass appropriate orders in the main case, untrammeled by the interim

order passed by this Court.

O.P.(Crl.) No. 615 of 2023

Therefore, this original petition is disposed of in the following

manner:

1. The order dated 09.08.2023 will continue till MC No.116 of 2023 is finally disposed of by the Family Court, Mavelikara.

2. The Family Court, Mavelikara will take every endeavor to dispose of MC No.116 of 2023, as expeditiously as possible.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

O.P.(Crl.) No. 615 of 2023

APPENDIX OF OP(CRL.) 615/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION IN CRL.M.P.

323/2023 IN M.C 116/2023 OF THE FAMILY COURT MAVELIKARA DATED 26.04.2023 Exhibit P2 TRUE COPY OF THE JUDGMENT ALONG WITH THE COMPROMISE PETITION OF THE FAMILY COURT, MAVELIKARA IN OP.1189/2018 DATED 11.10.2019 Exhibit P3 TRUE COPY OF THE PETITION IN E.P.24/2021 DATED 03.04.2021 Exhibit P4 TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS. 91,000/-BEFORE THE FAMILY COURT, MAVELIKARA DATED 02.08.2022 Exhibit P5 TRUE COPY OF THE PETITION IN E.A.78/2022 DATED 02.08.2022 Exhibit P6 CERTIFIED COPY OF THE ORDER IN CRL. MP 323/2023 IN M.C 116/2023 OF THE FAMILY COURT, MAVELIKARA DATED 06.07.2023